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1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s annual rate from July 28, 2017 to September 15, 2017, and the following.
Reasons
1. Judgment on the plaintiff's claim
A. According to each description of Gap's evidence Nos. 1 through 4 (including attachment of a serial number; hereinafter the same shall apply) as to the cause of the claim, the facts of the reasons for the application (Provided, That the "creditor" shall be deemed the "Plaintiff", and the "debtor" shall be deemed the "Defendant") can be acknowledged.
Therefore, the Defendant is obligated to pay to the Plaintiff 65,00,000 won and the amount calculated at the rate of 5% per annum as stipulated in the Civil Act from July 28, 2017 to September 15, 2017 when the original copy of the instant payment order was served on the Defendant, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following to the date of full payment.
B. On September 12, 2017, the gist of the Defendant’s assertion 1) is that the Plaintiff made a substitute payment to C prior to the termination of the lease agreement. Therefore, the Plaintiff’s claim cannot be complied with. 2) Article 44(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “If the purpose of creation of superficies, lease on a deposit basis, or lease cannot be achieved due to the implementation of the rearrangement project, the right holder may terminate the contract.” Since C cannot achieve the purpose of creation of the right of lease due to the implementation of the rearrangement project, the fact that the lease contract was terminated with the Defendant on June 13, 2017 can be acknowledged by comprehensively taking into account the purport of the entire pleadings as stated in the evidence No.
Therefore, since the lease contract with C is terminated before September 12, 2017, which is the expiration date of the lease stipulated in the lease contract, the above argument by the defendant is without any need to further examine.
2. The plaintiff's claim of this case is accepted.